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1994 (10) TMI 262 - SUPREME COURTWhether the Bench which decided Pine Chemicals [1992 (1) TMI 305 - SUPREME COURT OF INDIA] is right in holding that the benefit of the said sub-section is available even where the goods are exempted with reference to industrial unit and for a specified period, viz., period of five years from the date the relevant unit goes into production? Whether an exemption of the nature granted under Government Order No. 159 dated March 26, 1971, is an exemption available "only in specified circumstances or under specified conditions" within the meaning of the Explanation to section 8(2-A), as contended by the State or is it a case where the goods are exempt from the tax "generally" within the meaning of section 8(2-A), as contended by the respondents-dealers? Held that:- We may reiterate that we have not allowed the learned counsel for the review petitioners to question the correctness of the first three points decided in the judgment under review. We are told that section 8-B of the Jammu and Kashmir General Sales Tax Act permits refund of sales tax only in cases where the dealer has not collected the same and that the question whether the dealers herein did or did not collect the tax in respect of transactions concerned herein has been left open by this Court though a finding against the dealer was recorded by the High Court. We are also told that proceedings for refund are now pending where the State has taken the defence based on section 8-B of the State enactment. We need express no opinion in that behalf. Inasmuch as the judgment in Pine Chemicals [supra] is now being set aside in so far as the interpretation of section 8(2-A) is concerned and because the only issue involved in Civil Appeals was the one relating to the meaning and applicability of the said sub-section, these review petitions are liable to be allowed
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